Protection of three-dimensional signs as trademarks

Three-dimensional trademarks, unlike traditional types of trademarks, include signs that gain distinctive features through the shape, packaging, or physical form of products and can be registered as trademarks. With the advancements in technology and trade, the significance of three-dimensional trademarks has been increasing, and they have become a subject of discussion in national and international legal frameworks. Turkish Industrial Property Code (SMK) establishes the legal framework for the registration and protection of three-dimensional trademarks, providing significant protection mechanisms for both businesses and consumers. In this thesis, the theoretical foundations and definitions of the concept of trademarks, as well as their place in Turkish and international law, have been examined. The basic functions of trademarks, such as distinctiveness, indication of origin, guarantee, and advertising, have been discussed in detail. Additionally, types of trademarks, including trade and service marks, individual and collective marks, as well as non-traditional types of trademarks (such as three-dimensional shapes, colors, sounds, etc.), have been evaluated. The trademark registration processes have been analyzed in light of the SMK and international regulations. Particular attention has been paid to the distinctiveness criteria of trademarks, focusing on the conditions for registration, grounds for refusal, and protection mechanisms. Alongside traditional trademarks, the legal challenges related to the registration of increasingly important three-dimensional trademarks and other unique signs have been evaluated comparatively within the framework of the European Union and Turkish legal systems.